Η intellectual property is a cornerstone for the protection of businesses, their products and services. In the context of commercial activity, the protection of the trademark (trademark) ensures that a brand cannot be copied or used without permission by third parties.
A brand is more than just a name or logo. It represents the reputation, quality and recognition of a business. For this reason, its proper registration and protection is a crucial factor for commercial success and legal security.
What is intellectual property protection for trademarks
Intellectual property refers to the rights that protect creations, inventions and distinctive signs of businesses. In the case of trademarks, the protection prevents other businesses from using or copying a brand unfairly.
The protection of a trademark ensures that:
- No one can use your name or logo without permission.
- Your business maintains its exclusive identity in the market.
- You can take legal action against anyone who tries to exploit your brand.
- You have the ability to commercially exploit the trademark through licensing or transfer.
How to register a trademark to protect intellectual property
The legal registration of a trademark is the basis of its protection. Depending on the activity of the business, it can be made in national, European or international level.
1. National registration (OBI - Greece)
The registration of a trademark in Greece is done through the Industrial Property Organisation (OBI).
Steps:
- Check the availability of the signal.
- Submission of an application for registration.
- Legal audit by the OBI.
- Publication for objections.
- Final approval and registration.
2. European registration (EUIPO - EU)
For businesses operating in the European Union, registration is done through the EUIPO (European Union Intellectual Property Office).
- It covers all EU countries with a single application.
- It provides legal protection against the use of similar marks within the Union.
- It allows easier recourse in cases of infringement.
3. International registration (WIPO - Madrid System)
The international registration through the World Intellectual Property Organization (WIPO) is ideal for businesses with a global presence.
- Protects the signal in 120+ countries.
- Allows a single application for multiple countries.
- It facilitates legal protection against counterfeiting at international level.
How to protect your brand from infringement
Even if a trademark has been patented, violations are frequent. To ensure that no one is exploiting your intellectual property, constant monitoring and immediate reaction to cases of copying or malicious use is required.
Basic protection measures
- Market monitoring: Check if third parties are using your mark without permission.
- Submission of objections: If someone tries to register a similar mark, you can file an opposition.
- Send cease & desist letter: Legal notice to the business that infringes your trademark.
- Complaints on online platforms: If your trademark is being used illegally on marketplaces like Amazon or eBay, you can request the removal of infringing products.
- Legal actions: If the infringement continues, you can take legal action.
Consequences of trade mark infringement
Unlawful use of a registered trademark can have significant legal consequences for the infringer.
The main consequences include:
- Prohibition of use of the mark through a court order.
- Financial compensation to the owner of the mark.
- Recall and destruction of products bearing the infringed mark.
- Disinformation and loss of credibility for the operation that violated the trademark.
Mistakes to avoid
- You are not registering your trademark internationally, if your business operates outside Greece.
- Do not monitor the market for violations, allowing others to use your signal.
- You do not take legal action, which may result in the loss of your trademark.
- You do not renew the registration, thus losing the rights to use the mark.
What DARC Advertising can do for you
Managing and protecting the intellectual property of a brand is vital to maintaining the uniqueness and value of your brand. The right protection strategy ensures that your business remains secure and competitive in the marketplace.
